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Useful
Information - Italy |
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Italy
is one of the safest countries in which to buy a house thanks
to its legal system, requiring strict procedures for property
transfer. However, foreign buyers can encounter difficulties
in understanding these procedures. For this reason, our agents
in Italy will provide you all the necessary assistance to
thoroughly understand all of these procedures before taking
the decision to buy a property.
INTRODUCTION
Buying
a property in Italy is usually arranged in three stages:
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The
first stage consists of searching, visiting and selecting
the property with the assistance of an agent (Mediatore
or Agente Immobiliare). Once the property is selected,
the buyer may be asked to sign a buying proposal (Proposta
d'acquisto), and leave a small deposit with the agent.
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The
second stage is that if the buying proposal is accepted
by the vendor, the next step is to sign and exchange the
contract (contratto preliminare or compromesso). This
is normally a legally binding agreement to complete the
purchase by a public sales act drawn up by a notary and
to pay the balance of the agreed price on a future specified
date. The preliminary sales agreement (compromesso) is
a private agreement between the buyer and seller, where
the "promising" buyer and the "promising"
seller commit themselves in transferring a property. This
agreement can be drawn up by the vendor, agent or a solicitor/lawyer.
Since it is a complex legal document, it should always
be submitted for advice to, or drawn up by a specialised
Italian lawyer.
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The
third stage consists of the completion formalities. The
sale will be completed by a public notary when the final
deed (rogito) or conveyance of transfer is signed. The
notary issues a certified copy of the deed of sale and
registers the original document with the land registry,
which makes the buyer the legal owner of the property.
The notary checks that the title deeds are in order, that
the property is legally registered and that it has no
illegal buildings. In Italy only a notary is entitled
to validly transfer title to property. The notary drafts
the Purchase Deed (rogito), ensures its proper execution,
registration, and payment of all Italian taxes connected
with the completion.
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Usually
the sales price declared on the deed is lower than the actual
sales price. This is a common practice by which the buyer
can lessen the impact of purchase costs as the notary's commission
and the purchaser's registration fees are based on the declared
sales price - not the actual sales price.
The notary
usually charges about 1.5 - 2.5% of the declared sales price.
Solicitors
and Estate Agents
In view
of the legal and practical difficulties involved in buying
a property in Italy, it is highly advisable for foreign buyers
to obtain the assistance of a specialised Italian lawyer,
preferably one who can speak fluent English, to act on their
behalf. He will be in charge of drawing up contracts, contacting
the Notary and giving all necessary legal advice.
Purchase
Taxes
Registry
taxes for buying a property in Italy are usually between 3
- 10% of the declared purchase price:
3% for residents (only for their main residence)
10% for non-residents (or for second houses)
18% for agricultural property
Property
Taxes
Non Residents
owning a property in Italy have to pay the following taxes:
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Income
Tax (IRPEF) |
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Non-residents
must submit a tax return stating the details of their
Italian property. If they let the property, they should
declare the yearly rent, otherwise they should only declare
the cadastral rental (usually quite low). There is a no-tax
area for yearly income below €5,000.00. |
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The
Local Community Tax (ICI) |
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This
is between 0.4% - 0.7% of a property's cadastral value
(official value in the Land Registry), to be paid in two
yearly installments. |
Restoration
or Construction
In order
to proceed with the restoration or the construction of a building,
it is necessary to obtain the services of a licensed surveyor
(Geometra), or an Architect. All major construction or restoration
works require the presentation of a request for authorisation
to the local commune, signed by the owner of the property
and a licensed technician. In the case of light restoration
works (internal walls, painting, floors, window and door frames
etc.) it is sufficient to present a particular request called
a DIA (dichiarazione di inizio attività), signed by
a technician.
Mortgages
It is currently
reasonably cheap to get a loan from Italian banks which lend
amounts against purchase prices of up to 100% (usually 70-80
%).
If you
need any other information about the above subjects, please
feel free to contact
us.
If
you would like to add information to this page please email
us with the details.
If
you are an agent selling property in this country and would like to add
your properties to this site, please email
us or call us on 00 44 1702 603210.
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